Howard Rapke

Managing Partner - Melbourne

Areas of Expertise

Expertise

Howard has more than 25 years’ commercial dispute experience and is the head of the firm’s Dispute Resolution and Litigation practice. He is based in Melbourne.

He has an active practice in complex litigation and is regularly engaged in significant f raud matters, commercial criminal matters, regulatory investigations and large scale inquiries.

Howard is recognised by Who’s Who Legal 2018 as a leader in providing legal services for investigations. He is also recognised by Best Lawyers as a leading practitioner in Litigation and Criminal Defence, and is listed in the 2017 edition of Doyle’s Guide as a Leading Victorian Commercial Litigation & Dispute Resolution Lawyer.

Experience

In the commercial crime area Howard acts in defence of persons being investigated or prosecuted with substantial experience in ‘white collar’ criminal matters. Over the last six years he has been closely involved in major prosecutions brought in Australia under its foreign bribery laws.

At present Howard is involved in advising companies, directors and officers in foreign bribery investigations being conducted in or relating to India, Malaysia, Nepal, Solomon Islands, Papua New Guinea and Cambodia.

Howard’s recent cases include:

defending alleged breaches of the Corporations Act and the Australian Consumer Law

acting on behalf of numerous directors and managers in respect of actions brought by Australian Securities and Investments

Commission (the Australian equivalent of the UK Serious Fraud Office or the US Securities Exchange Commission) in respect of prosecutions for insider trading, breach of director’s duties and misuse of corporate assets

defending claims of breach of trust and breach of equitable duties.

He has extensive experience in dealing with investigations and prosecutions brought by various Federal and State regulators, including:

ASIC

ACCC

the Australian Federal Police

the Victoria Police (among other state-based police forces)

the Environmental Protection Agency (EPA)

the Australian Criminal Intelligence Commission

the Independent Broad-based Anti- corruption Commission (IBAC)

Office of the Chief Examiner.

Howard has been involved in eight Royal Commissions and Commissions of Inquiry. Some examples include:

in 2016/2017, Howard acted for one of the institutions being investigated by the Royal Commission into Child Sexual Abuse

in 2014/2015, he acted for the Construction and Building Unions Superannuation fund (Cbus), one of Australia’s largest Industry Superannuation funds, in the Royal Commission into Trade Union Governance and Corruption

in 2006/2007, Howard represented various officers of AWB Ltd before the Cole Commission of Inquiry

in 2001/2002 he led the firm’s efforts in representing the State of Victoria before the Royal Commission into the Building & Construction Industry.

Membership

Australian Institute of Administrative Law

Australian Corporate Lawyers Association

Appointments

Legal adviser to the Produce and Grocery Industry Ombudsman and the Horticulture Mediation Adviser’s office

Publications

The year opened with a high-profile royal commission with far-reaching consequences and significant fall-out - and the year is set to close with another. The recently announced Royal Commission into the Aged Care sector will tackle issues that go to the heart of our aging population – opening up the industry for a forensic grilling.

Recent reports in the Australian Financial Review say that the Australian Taxation Office (ATO) has been contacting private clients of Credit Suisse in regards to what it considers suspicious transactions and secret overseas accounts.

Australian companies who conduct business abroad need to be aware of the imminent substantial change to the law regarding foreign bribery offences. If Australian companies fail to prevent their associates from engaging in foreign bribery, they could be subject to large penalties.